The Malaysian government has introduced significant updates to the Occupational Safety and Health Act 1994 (OSHA), which will come into effect on June 1, 2024. These changes are part of the Occupational Safety and Health (Amendment) Act 2022 and aim to improve workplace safety and health standards across the country. Here’s a detailed look at what’s new.
Expansion of Workplace Coverage
The Amendment Act now extends its coverage to all workplaces in Malaysia, including public services and statutory authorities. However, it does not apply to domestic servants, the armed forces, and work governed under the Merchant Shipping Ordinance 1952. Importantly, employees working from home are now also protected, aligning with modern workplace trends. Further guidelines are anticipated to clarify specific aspects of this provision.
Mandatory Appointment of Occupational Safety and Health Coordinators
Employers with five or more employees are now required to appoint an Occupational Safety and Health Coordinator (OSHC). This is mandatory for workplaces that do not need a Safety and Health Officer (SHO). The OSHC will manage safety and health issues at the workplace, a role that is less extensive than that of an SHO. Non-compliance with this requirement can result in fines up to RM50,000 or imprisonment for up to six months, or both.
New Employer Duties
Risk Assessment:
Employers, self-employed persons, and principals must now conduct thorough risk assessments to identify safety and health risks. If risks are identified, appropriate control measures must be implemented promptly.
Emergency Procedures:
It is now mandatory to develop and implement procedures to handle emergencies that may arise during work. This ensures preparedness and swift response in case of unforeseen events.
Contractor Safety:
Principals must ensure the safety and health of contractors, subcontractors, and their employees when they are working under the principal’s direction. This extends safety responsibilities beyond direct employees to include all levels of contracted work.
Employees’ Rights to Safety
Employees now have the explicit right to remove themselves from situations posing imminent danger if the employer fails to address the hazard. Imminent danger includes serious risks of death or injury due to workplace hazards. Employees exercising this right are protected from retaliation or discrimination, ensuring their safety concerns are taken seriously.
Liabilities of Directors and Officers
Directors, compliance officers, and other key personnel can now be held jointly or severally liable for offences committed by their company. To avoid liability, they must prove that the offence occurred without their knowledge or consent and that they took all reasonable precautions to prevent it. This change emphasizes the importance of proactive safety management at the highest levels.
Increased Penalties for Non-Compliance
Penalties for breaches of OSHA duties have been significantly increased. Fines now range up to MYR 500,000, depending on the severity of the breach. Key duties include ensuring employee safety, conducting risk assessments, and implementing emergency procedures. This increase underscores the government’s commitment to enforcing compliance.
Conclusion
The amendments to Malaysia’s OSHA are a significant step toward aligning with ISO 45001, the international standard for occupational health and safety management systems. Both emphasize proactive risk prevention, comprehensive risk assessments, and the development of emergency procedures.
These changes enhance workplace safety and reflect ISO 45001’s focus on leadership commitment and structured safety management. For businesses certified or seeking certification under ISO 45001, these updates provide an opportunity to integrate local compliance with international best practices, creating a robust occupational safety and health management system.
